What evidence would have been admitted if all five criminal cases had been tried separately?

California, United States of America


The following excerpt is from People v. Novela, F073275 (Cal. App. 2019):

" '[E]ven if a trial court's ruling on a motion to sever is correct at the time it was made, a reviewing court still must determine whether, in the end, the joinder of counts . . . for trial resulted in gross unfairness depriving the defendant of due process of law. [Citations.]' " (People v. Soper, supra, 45 Cal.4th at p. 783.) We find no violation of defendant's right to due process and a fair trial. Much of the gang evidence, including the writings found in defendant's jail cells, would have been admitted even if all five cases had been tried separately. It is highly likely the evidence concerning the uncharged offenses that occurred on February 26, 2012, and May 17, 2013, would have been admitted had the attempted murder (and possibly the murder) case been tried separately.

Page 33

Other Questions


What is the test for admitting evidence of criminal intent in a criminal case? (California, United States of America)
If defense counsel objected to evidence regarding the hierarchy of a criminal gang in the context of the kanpol tattoo, would he have forfeited his contention that such evidence would be inadmissible? (California, United States of America)
Does section 1170.1 of the California Criminal Code apply to separate criminal cases that are sentenced separately but ordered to run concurrently? (California, United States of America)
What are the factors that determine whether a defendant should face separate criminal charges in separate criminal cases? (California, United States of America)
What is the test for admitting evidence of criminal conduct in a criminal case? (California, United States of America)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Is there any case law where the trial court admitted evidence of evidence from two separate police interviews in violation of the Miranda principles? (California, United States of America)
What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal propensity in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.